Is Other-Crime Evidence Relevant to Show Intent to Commit Sexually Assault ?
In People v. Boyd, 366 Ill. App. 3d 84, 94, 851 N.E.2d 827, 303 Ill. Dec. 640 (2006), the Court recognized that in cases where a defendant claims the victim consented to the sexual assault, "courts have found other-crime evidence relevant to prove defendant's criminal intent or lack of an innocent frame of mind." Boyd, 366 Ill. App. 3d at 91-92, citing People v. Luczak, 306 Ill. App. 3d 319, 324-25, 714 N.E.2d 995, 239 Ill. Dec. 698 (1999) (other-crime evidence relevant to show defendant's intent was to sexually assault the victim); People v. Harris, 297 Ill. App. 3d 1073, 1086, 697 N.E.2d 850, 232 Ill. Dec. 108 (1998) (evidence admissible to establish lack of innocent intent where defendant claimed consent).
The Court saw no reason why "propensity evidence could not be used to meet the defendant's consent defense" under section 115-7.3 of the Code. Boyd, 366 Ill. App. 3d at 93.